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Friday, 22 September 2017

The powers of a candidate attorney - can they represent clients in court?

The powers of a candidate attorney - can they represent clients in court?

If a candidate attorney has been granted their right of appearance for magistrates' courts, they may represent you in a magistrate's court on their attorney's behalf and on their attorney's instructions. They do have to work under the direct supervision of the attorney, and figuratively 'in their office'.

They can of course make some decisions on their own at court, where needed. This is often the case, as attorneys will, often enough, send their candidate attorneys, in their place, to court. A candidate attorney who has been one for long enough, or who has fulfilled some other requirements, may also represent a client in regional court, upon being granted a right to do so.

Articles of clerkship is a fixed term contract. While a candidate attorney is undergoing it, they can incarnate some of their principal's powers, acting as the attorney's tool and agent. For instance, I drafted wills, for my principal, and as checked and presented to clients by her, as a candidate attorney, as one of my many duties, back in the day.

The attorney is responsible for the actions of the candidate attorney, and in charge of them.

After they have finished their contract of articles or service, a candidate attorney ceases to be empowered to do the functions of an attorney until they are admitted as an attorney, at court, or for some reason engage in another contract of articles or service.

Nothing herein should be relied upon as legal advice. For that, please thoroughly brief your attorney, at a consultation, for such.